Larry Catá Backer's comments on current issues in transnational law and policy. These essays focus on the constitution of regulatory communities (political, economic, and religious) as they manage their constituencies and the conflicts between them. The context is globalization. This is an academic field-free zone: expect to travel "without documents" through the sometimes strongly guarded boundaries of international relations, constitutional, international, comparative, and corporate law.

Friday, February 28, 2014

The Utrecht Journal of International and European Law, on whose Permanent Board of Referees I serve, has just announced the publication of its latest issue. This issue contains a number of articles that may of significant relevance to those of you with an interest in legal aspects of corporate social responsibility.

Thursday, February 27, 2014

The Civil Society Section of the Office of the United Nations High Commissioner for Human Rights is circulating the following set of questions for comment sent out by Alfred M. de Zayas, the Independent Expert on the promotion of a democratic and equitable international order:

We are pleased to forward this questionnaire from the Independent Expert on the promotion of a democratic and equitable international order.

The overview of the Mandate, and links to article follows. One gets a sense of what Mr. Zayas is up to from a recent speech, also set out below. Interested parties might find it useful to supply an answer to the questionnaire, especially those who might seek to broaden the conceptual perspective at the foundation of this project, especially with respect to the role of business and civil society in this enterprise. To do otherwise is to consign this effort, like so many others, to the late 19th century--a charming enough epoch, and one that was at least brimming with the elegant possibilities of the full ripening of the state system, but one which might prove less comprehensively useful in the world as we find it today:

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Wednesday, February 26, 2014

I have suggested the way the the Guiding Principles for Business and Human Rights, since its endorsement in 2011, has increasingly emphasized the first pillar obligations--the state duty to respect human rights. More troubling, perhaps, is the way in which that state duty to protect human rights appears to have become the foundation through which both the second pillar corporate responsibility to respect human rights and the remedial pillar are both constrained and understood. (e.g., The 2nd U.N. Forum on Busness and Human Rights Live Streaming and Thoughts on Trends in Managing Business Behaviors, Dec. 3, 2013). As part of this institutional focus on the state in the Guiding
Principles, the Working Group has devoted substantial resources to the
toolkit development potential of so-called National Action Plans.
These are meant to provide the framework for state intervention in the
business of human rights for economic activity. And to that extent they
may well be useful devices. Yet the focus on National Action Plans also suggests possible divergence from the overall objectives and structure of the Guiding Principles. The first touches on the way that Naitonla Action Plans may evidence a turn toward the creation of a hierarchy among the three pillars of the Guiding Principles. The Second touches on the short sighted efforts to legitimate and expand the extraterritorial power of state.

From the first, the Working Group has emphasized the importance of the state duty to protect the
the fountainhead of regulatory coherence (within itself a system that
has traditionally produced as much incoherence through national
deviation as coherence through the adoption of chapeau standards
non-uniformly enforced or even understood) and has sought to understand the scope and nature fo the corporate responsibility to respect human rights and the remedial obligation through the lens of the state duty. At the same time, the Working Group has increasingly committed itself to the project of deepening state involvement in the regulation of the human rights detrimental
effects of business activity both within their borders and
extraterritorially, to the extent of their power.

Indeed, the focus of this consultation, aimed at subsuming the corporate responsibility to respect human rights within the aegis of the state duty to protect might. Taken to its limit, this trend will substantially transform the Guiding Principles from a framework of collaboration among distinct autonomous governance organizations--states, enterprises and international organizations--into a 20th century framework of state grounded legal silos. That will, in turn, return us to the framework of regulatory incoherence and governance gaps that prompted John Ruggie's work in the first place, the fruit of which was the Guiding Principles. The corporate responsibility to respect is both transnational in character, that is it derives its principles from sources beyond the state, nor can it be limited by the peculiarities of the expression of state power.It is a critical feature in a global dialogue that was meant to foster change both from the top down and the bottom up, sensitive to the preferences and customs of all critical stakeholders. The partitioning of the corporate respect for human rights into little corporate culture nationalities effectively writes the second pillar out of the Guiding Principles and turns it merely to an expression of technique--human rights due diligence in the service of the state and not in the service of the individuals who suffer human rights deprivations.

Secondly, to the extent National Action Plans are seen to promote extraterritoriality (now quite fashionable among certain influential sectors of internationalist elites), even under the guise of furthering the international soft law agenda of devices like the Guiding Principles, they will exacerbate the move toward institutionalizing the hierarchy of states, reintroduce the old notion of the "Family of civilized States" and thus a trend toward the revival of neo-colonialism and hegemony now softened by its purported basis in internationalization. (e.g., Backer, Larry Catá, Economic Globalization Ascendant: Four Perspectives on the Emerging Ideology of the State in the New Global Order.
University of California, Berkeley La Raza Law Journal, Vol. 17, No. 1,
2006) But more troubling might be the way that the National Action Plans might well serve (no doubt inadvertently) to displace the corporate responsibility to respect human rights, and to subordinate it to, and restrict its expression through, the state duty to protect human rights.

More than 175 representatives from States, civil society and business attended the consultation - vice-chair of UN Working Group Michael Addo's opening remarks are available here.

Stakeholders who are unable to attend may also submit their input to the Open Consultation in writing to: wg-business@ohchr.org. A listen-in number will be enabled to listen to the exchange. On 20 February 2014 at 15:00 (Central European Time), please dial +41 22 917 0901 and follow the voice prompt. When prompted for the conference room number, type "18" and then select the desired audio channel. Please check the Working Group website in case there has been a change in the conference room number.

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Tuesday, February 25, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

In the wake of the once-in-a-decade leadership transition in China at the end of 2012, there has been considerable amount of attention paid to issues of constitutional integrity and reforms. Unsurprisingly, these issues were being treated with a certain amount of skepticism and wariness, as it is far from clear if the new leadership will take steps to address the chronic problems of constitutional legitimacy and implementation. Xi Jinping’s speech on December 4, 2012 signaled the first clear indication that senior governmental officials were concerned with the constitutional system and its legitimacy. These concerns touch on the very legitimacy of the political system as a whole and therefore warrant the attention of scholars interested in Chinese history and politics.

It is to the analysis of that speech in the context of emerging Chinese constitutionalism that the Working Paper turns. The abstract follows.

Sunday, February 23, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

The workshop brought together scholars and practitioners, to examine the various interfaces among networks of transnational regulation designed to regulate the respect of businesses for human rights. One object was to understand the interfaces and linkages between the various regulative initiatives in this developing field. Questions were considered touching on whether emerging networks are replacing the roles previously taken by the state, whether the privatization of regulation is supplied by transnational networks and orchestrated by states, or whether an evolution of polycentric governance is complementing an entrapped and perhaps less centrally relevant international legal order.

I have included here the program and program participants, and a short description of each paper. Please contact the authors for their papers.

The publication is the result of the collaborative research project “Justiciability of Human Rights – a comparative analysis: South Africa, Brazil and India”, which was coordinated by Conectas and involved a judge, academics and human rights defenders from these three countries. The team was coordinated in South Africa by Professor Frans Viljoen, in Brazil by Professor Oscar Vilhena Vieira and in India by Professor Upendra Baxi.

In addition to descriptions of the workings of these courts and analyses of civil society strategies to propose cases for them to hear, the publication also carries thematic articles on: women’s rights and heteronormativity, religious freedom, the right to health, social movements and organized civil society, among others.

“This book represents an effort by human rights academics and activists to consider the constitutions of Brazil, India and South Africa as fundamental instruments in the promotion of rights and the consolidation of democracy in these countries. This transformational ideal makes this publication essential reading,” said Juana Kweitel, program director at Conectas.

“All three countries chose to depart from the past – a past of colonialism, apartheid or military regimes – through a constitutional process. These processes resulted in bold constitutional documents that not only aim at regulating the distribution of power, the organization of a system of representation, and the definition of individual rights, but which also aspire to establish a new political and moral foundation for each society,” reads the introduction to the study, which also provides a summary of each of the 28 chapters.

He has recently published a very interesting article on Israeli efforts to soften the blow of foreclosure, and in the process develop (perhaps inadvertently) social welfare protections that appear to be human rights enhancing. Pablo Lerner, "La protección a los deudores hipotecarios: soluciones e interrogantes en la ley israelí," Revista Crítica de Derecho Inmobiliario, N.º 740, págs. 4041 a 4072.

The Israeli approach, to provide for the provision of funds sufficient to pay rent for a period after foreclosure appears unique in legal systems. Though Professor Lerner suggests it raises a number of issues, it does also suggest the possibility of building human rights sensitive provisions even into ancient domestic law fields. The abstract, in English and Spanish, follow.

Saturday, February 15, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Friday, February 14, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Thursday, February 13, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Wednesday, February 12, 2014

Today's frontpage headline article for China's People's Daily newspaper features prominently an official announcement about the "twelve core values for Chinese socialist system". The article has just been published, and there is no English translation provided yet.

Although discussion around the topic of promoting "socialist core values" has been going on since the beginning of Xi's administration, this article is perhaps the first official effort to elaborate core values in a a systematic way and in a manner that might be accessible to lower level Party cadres nd the general population.

These twelve core values are likely to be understood in ways that may differ, and sometimes substantially, from Western conceptions. They will likely also serve as a basis for orienting Chinese constitutionalism and the construction of both the Chinese state apparatus (in a way that permits greater accountability for administrative obligations to serve the people) and the Communist Party (in a way that enhances intra-Party democracy, the importance of rules not tied to faction and the opening up of Party Membership to those who embrace its operational norms).

Tuesday, February 11, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Sunday, February 09, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Friday, February 07, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is tp find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

This Post considers the the Mauritania National Fund for Hydrocarbon Reserves.

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is tp find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

This Post considers the Chilean
Pension Reserve Fund and Economic and Social Stabilization Fund.

Monday, February 03, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is tp find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Sunday, February 02, 2014

This Blog Essay site devotes every February to a series of integrated
but short essays on a single theme. For 2014 this site introduces a new
theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an
overarching structure for understanding SWFs. The easiest way to to this
is to

find the largest and most influential funds and then extrapolate
universal behaviors or characteristics from them. This is a useful
enterprise, it may erase substantial nuance that itself might provide
the basis for a deeper understanding of SWFs within globalization and in
the context of a state system in which not all states are created
equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study
provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

Saturday, February 01, 2014

This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. For 2014 this site introduces a new theme: Reimaging the State in the Global Sphere: An Inventory of Sovereign Wealth Fund as Regulator and Participant in Global Markets.

There have been a number of studies that have sought to provide an overarching structure for understanding SWFs. The easiest way to to this is tp find the largest and most influential funds and then extrapolate universal behaviors or characteristics from them. This is a useful enterprise, it may erase substantial nuance that itself might provide the basis for a deeper understanding of SWFs within globalization and in the context of a state system in which not all states are created equal. In this sense, while the large SWFs are better known, they do
not define the entire field of emerging SWF activity. This study provides a brief critical inventory of the emerging communities of
sovereign wealth funds. Each post will
consider a different and less well known SWF. Taken together, these
brief studies might suggest the character and nature of the emerging
universe of SWFs, and their possible rationalization.

This Post includes an Introduction to this project, a Table of Contents, and a list of prior series.

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Copyright; Citation and Attribution:

All essays are (c) Larry Catá Backer except where otherwise noted. All rights reserved. The essays may be cited and quoted with appropriate reference. Suggested reference as follows: Larry Catá Backer, [Essay Title], Law at the End of the Day, ([Essay Posting Date]) available at [http address].

The author holds a faculty appointment at Pennsylvania State University. Notice is hereby given that irrespective of that appointment, this blog serves as a purely personal enterprise created to serve as an independent site focusing on issues of general concern to the public. The views and opinions expressed here are those of its author. This site is neither affiliated with nor does it in any way state, reflect, or represent the views of Pennsylvania State University or any of its entities, units or affiliates.

Ravitch and Backer's Law and Religion: Cases, Materials, and Readings

3rd Edition 2015

Broekman and Backer, Signs in Law

Springer 2014

BACKERINLAW--PERSONAL WEBSITE

Here you can find my published work, manuscripts, presentations, and more!

Globalization Law and Policy Series from Ashgate Publishing

Globalization: Law and Policy will include an integrated bodyof scholarship that critically addresses key issues and theoretical debates in comparative and transnational law. Volumes in the series will focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification and democratization of law among increasingly connected political, economic, religious, cultural, ethnic and other functionally differentiated governance communities. This series is intended as a resource for scholars, students, policy makers and civil society actors, and will include a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

An interview with the Series EditorQueries and book proposals may be directed to:Larry Catá BackerW. Richard and Mary Eshelman Faculty Scholarand Professor of Law, Professor of International AffairsPennsylvania State University239 Lewis Katz BuildingUniversity Park, PA 16802email: lcb911@gmail.com

About Me

I hope you enjoy these essays. Each treats aspects of the relationship between law, broadly understood, and human organization. My essays are about government and governance, based on the following assumptions: Humans organize themselves in all sorts of ways. We bind ourselves to organization by all sorts of instruments. Law has been deployed to elaborate differences between economic organizations (principally corporations, partnerships and other entities), political organization (the state, supra-national, international, and non-governmental organizations), religious, ethnic and family organization. I am not convinced that these separations, now sometimes blindly embraced, are particularly useful. This skepticism serves as the foundation of the essays here. My thanks to Arianna Backer for research assistance.